false accusation and illegal search

infinite

infinite

Legacy Member
alright something happened to me yesterday. i got pulled over and got handcuffed without any questions asked or explanations. they searched my body and my car. they gave me the whole miranda warning and all. apparently it was for a car theft.
long story short, apparently there is a car that is similar to mine that was stolen in the past. problem is that in their computer system the serial number only shows partially or something like that. so they mistook my car for the other car.
at the end, they let me go and they apologized, they were professional and we even chitchatted laughing at the end.

however they said it can happen again and again as long as that theft case isn't closed. they left a note in my file to explain and all but apparently it's not permanent and once it gets erased then same thing will happen again.

now i begin to think that it will be a problem because shit is not cool and i certainly don't feel embarassed in that way again. and technically, it was illegal what they have done as far as i know. technically the car is completely different car and they didn't even identify me first in any way before handcuffing me and searching everything.

i went to the police station today morning to see if they can correct the situation but nope. all they keep saying is they can't do nothing about it.

so now im thinking, if this happens again, i will want to do something about it like sueing whoever i need to sue for false accusation and illegal search. does that make sense? if so who am i even supposed to target? :dunno:
i really don't mind cooperating to explain the situation but getting handcuffed and getting searched is what i have problem with.

so let's hear what mr experts have to say about it
 
Call ctv see if they're interested to look into it. They might help more than trying to sue and waste time in court.
 
im not sure if it's that big of a case to go on media. no one was hurt, no injustice here.
i do understand that they are doing their job and i even told them good job on intercepting a stolen vehicle.
but that is still not my problem. me and my car have nothing to do with the case and they have the serial number for the stolen vehicle and it's clearly different than mine. their system seems to be the problem as far as i understood from them but it's still not my problem..
they told me to go see saaq but i don't see how they can help the case. saaq or the car is not the problem. it's police computer system.
 
si tu t'etais fait voler ta voiture tu serais heureux que les policier Anal rape ceux qui pense qui on voler ta voiture. Traine toi tu lub.
 
C'est sur qui a de quoi a faire avec ca mais ca va te couter un peu d'argent.. Si tu aime le gambling ca vaut la peine.
 
The officers seemed to have done the right thing provided the information they were given. Don't think you can do anything legally other than sue the dept for emotional trauma. But you were joking around with them and told them they did a good job, so forget it.

Had you curled up into a ball and started crying, then lost your job, spiraled into depression, lost your gf/wife, get disowned by your family, then, maybe you could have a case for emotional trauma :D
 
I'd say call a lawyer with your story over taking the 'forget about it' "advice" of Mr members..
basically you've been told to Suck It & it will happen again.....wtf!?
 
Contact a lawyer and see if they can have some info changed on the case, I know you said you went to the police station to ask about that but maybe there is a way to change something and they just didn't want to do it then, or it could only be done at an office somewhere
 
Dubweiser said:
The officers seemed to have done the right thing provided the information they were given. Don't think you can do anything legally other than sue the dept for emotional trauma. But you were joking around with them and told them they did a good job, so forget it.

Had you curled up into a ball and started crying, then lost your job, spiraled into depression, lost your gf/wife, get disowned by your family, then, maybe you could have a case for emotional trauma :D
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nah, it has nothing to do with emotional trauma. like i said they did their job and i had no reason to be pissed at them so why would i go berserk on them?

it's just that handcuffing and searching my private properties are not legal. so either they do something about it or hopefully law makes them do it.

if i ever sue, i don't think i'll hire a lawyer. i'll just present the case myself to the judge. it shouldn't be complicated at all.
 
Marek said:
Let it happen as many times as possible, sue the f'n brotherhood, buy new car.
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it's just embarassing. one of the police told me that it's cool because i could look like a bad boy if im with a date, loll
i laughed and said no.
 
Very easy to solve. The cops that just arrested you have to have written a detailed report of why they did so, what they figured out and why they let you go (mistaken identity).

Ask for a copy of that police report, which will contain the badge number and name of the arresting officer, the case number bla bla bla and keep it in your glovebox. I understand that it's inconvenient but the next time it happens, hand over the documents to the cops, they will call it in to verify and once they get confirmation of your story I can't see them not letting you go. It's worth a shot anyways.

If that doesn't work then I would lawyer up. But try that first before spending hundreds if not thousands of dollars on a lawyer.
 
red_teg96 said:
Very easy to solve. The cops that just arrested you have to have written a detailed report of why they did so, what they figured out and why they let you go (mistaken identity).

Ask for a copy of that police report, which will contain the badge number and name of the arresting officer, the case number bla bla bla and keep it in your glovebox. I understand that it's inconvenient but the next time it happens, hand over the documents to the cops, they will call it in to verify and once they get confirmation of your story I can't see them not letting you go. It's worth a shot anyways.

If that doesn't work then I would lawyer up. But try that first before spending hundreds if not thousands of dollars on a lawyer.
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will for sure do that next time. hopefully they give me chance to talk or show the paper though. they just wanted my hands where they can see and i felt like they would just shoot me if i do anything other than what they ask lol
 
infinite said:
it's just embarassing. one of the police told me that it's cool because i could look like a bad boy if im with a date, loll
i laughed and said no.
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He probably had an erection while he was handcuddling you, i mean handcuffing.
 
red_teg has it; you have to work with the system. The cops just use SAAQ records, they don't keep their own separate vehicle registration repository. Or if they do, on their own protected systems, it's probably populated by the SAAQ database. Either way, get an immediate copy of the report to keep on your persons/in your car, to have something official to show them in case you get pulled over again. Then, go to the SAAQ and wait in the special line (lol) until you can see an agent whom is higher up, and explain your situation. Consulting a lawyer is a good thing to start now, since you won't pay much just for having it looked at. Go find a civil rights lawyer.

Basically ,I feel you, you just don't want it to happen again, but you gotta understand that it's a shortcomming in their system, probably not something that happens often, and it's not as if they're targeting you specifically. I had a similar situation myself, and it caused both me and my brother (same family name, almost same name) quite a few stops over the years until we finally cleared it up. It wasn't a car related issue.
 
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